La exigibilidad procesal de los derechos sociales como instrumento de garantía y reparación en el estado constitucional

Ever since the State hasbeen markedly changing from a Legislative model towards a Constitutional one, a debate on Fundamental Social Rights has been set forth. Undoubtedly, these rights have consolidated their constitutionalization by virtue of the active role of the Constitutional Court through its jurisprudence, leading to colossal debates within legal theory. Despite this, an obvious difficulty remains. Structures, which are presumed to pledge and protect in Constitutional States, seem to be inadequate to confront efficiently the more demanding fulfillment of those rights. These issues, which jurisprudence has tried to overcome, are presented as some of the most discussed items in modern constitutionalism which questions the alternatives of the Constitutional State as grantor of Economic, Social and Cultural Rights (ESCR